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THU, 03 JAN 2002 17:16:17 GMT

Striving for Equality

AIM Banja Luka, December 26, 2001

Fierce debates have reached the final stage in Republika Srpska on equal
representation of the constituent peoples in all government bodies, but
a solution is not yet in sight. The RS constitution has to be adjusted
to comply with a ruling of the Constitutional Court of
Bosnia-Herzegovina by the end of 2001, and the RS Assembly is supposed
to decide the matter at a session scheduled for Dec. 21.

Representatives of Serb and Bosniak political parties in the Assembly's
constitutional committee are still entrenched in their initial
positions. The Serbs demand that the ethnic structure of the executive
branch should reflect the ethnic structure of the assembly, whereas the
Bosniaks say that it should correspond to the situation existing at the
time of the 1991 census. The Office of the High Representative in Bosnia
(OHR), apart from insisting that the deadline should be observed, also
insists that the 1991 census should serve to determine the future ethnic
structure of executive bodies. Obviously, the OHR believes that such a
solution would encourage the return of refugees and neutralize the
political consequences of ethnic cleansing.

All Serb parties are unanimous in rejecting this principle. Their joint
argument is that anything else would mean ignoring election results and
paralyze government. "This makes the multi-party system and voting look
absurd," says RS Premier Mladen Ivanic. He claims that a cabinet created
along such ethnic lines would be inefficient and could even cause it to
be deadlocked. Not denying the need to have representatives of other
ethnic groups at all levels of government, he says that should be done
through elections. His key argument is the following: "If we stick
solely to the principle of ethnic representation, that would take us
back to the single-party era."

Politicians see the principle of ethnic equality as a return to the
brotherhood and unity of the past, pursued by former Yugoslav president
Tito, and the communist model of affirmative action. Constitutional law
professor Radomir Lukic warns that the ethnic representation principle
could lead Bosnia towards a deep political crisis and destabilization.
"Multi-ethnicity ought to be supported and developed gradually, on the
basis of election results and the ethnic makeup of the assembly," he
says. University professor Predrag Radic shares this view. "If there are
multi-party democratic elections, then those who win the most votes have
the right to have the most representatives in government bodies," says
Radic and warns that deviation from this principle would make elections
senseless. A senior official of the Party of Independent Social
Democrats and member of the constitutional committee, Krstan Simic, is
against the principle of ethnic keys, calling it a danger to Bosnia's
political stability
and future. He favors a civil state, which he says is the only way to
ensure the equality of all citizens. "We need a civil state based on the
rule of law, and protection of human rights in line with standards valid
throughout the civilized world," says Simic.

Bosniak political representatives in the RS Assembly claim that its
makeup reflects the results of ethnic cleansing, and that it cannot be
accepted as a basis as long as Annex 7 of the Dayton agreement is not
fully implemented. They have urged the committee that the Constitutional
and Supreme courts be formed on the principle of parity, the National
Assembly on the basis of election results, and the executive branch on
the principle of ethnic representation in line with the 1991 census
results. RS Vice Premier and committee member Sulejman Tihic warned that
insistence on preserving Republika Srpska in its present form could lead
to its demise. According to the new equality model, Republika Srpska
would have one president and two vice presidents that would rotate
within a certain period. The same would go for the assembly speaker and
the premier. Representatives of the same nation could not simultaneously
hold key positions.

A day before the last session is held, High Representative Wolfgang
Petritsch is supposed to meet in Banjaluka with the Serb entity's
political representatives in order to once again stress the importance
of reaching an equal representation agreement. According to the latest
information from the OHR, Petritsch will not force a decision. The high
representative can use other measures at his disposal to deal with those
who obstruct the process.

The problem is very serious, and the two sides' starting positions so
distant that a resolution cannot be predicted at all. The negative
attitude of the Serbs towards the ethnic key principle, dating from the
socialist era, is quite understandable, as are the arguments of the
other side. The Serbs believe a compromise is possible, but most
analysts are convinced Bosniaks will not abandon their positions so
easily. The only certainty is that Bosnia and Herzegovina is entering a
stage of far-reaching constitutional reforms that will essentially
transform its political and legal configuration.